Social Security Fairness Act of 2023 Signed into Law

President Joe Biden signed the Social Security Fairness Act of 2023 into law on January 5, 2025, repealing the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP).  

These changes apply retroactively from January 2024, meaning millions of public sector retirees will receive back payments for GPO and WEP reductions taken from their benefits in 2024. The Act will identify beneficiaries, recalculate their benefits, and issue retroactive payments. 

Here's an overview of everything that has changed:

What the Social Security Fairness Act of 2023 Changes

Both the GPO and WEP reduced the total Social Security benefit amount paid out. With both now repealed, eligible beneficiaries will receive previously reduce benefits in full.

Here's who's eligible:

Government Pension Offset Repealed

The now repealed Government Pension Offset reduced Social Security benefits for spouses and surviving spouses of government employees who also received other “periodic benefit” payments (such as pensions) based on federal, state, or local government employment.  

The rule was implemented to prevent employees from “double dipping,” or receiving full Social Security benefits in addition to a government pension. However, for Social Security benefits beginning January 2024, this reduction no longer applies.  

Spouses and surviving spouses receiving government pensions are now entitled to full Social Security benefits without offset.

Windfall Elimination Provision Repealed

Similarly, the now repealed Windfall Elimination Provision reduced Social Security retirement and disability benefits for employees of certain federal, state, or local government jobs. This rule was also implemented to prevent double dipping, or benefitting from both Social Security and a government pension.

With the Act now signed into law, however, these employees are now entitled to their full Social Security benefits retroactively from January 2024.  

When Will Those Impacted See an Increase to Social Security benefits?

There is not yet an estimated timeframe for when Social Security benefits will be adjusted as a result of the Act.  

As of February 3, 2025, the Social Security Administration (SSA) was still finalizing its plan to implement the Act.  

In the meantime, the SSA recommends taking some key actions based on your situation to ensure those eligible receive their payments as quickly as possible. More on that below.

How Much Could the Act Increase Social Security Benefits?

Some benefits may only increase a small amount, while others may be eligible for an additional $1,000 per month.

How much benefits increase depends on factors such as the type of Social Security benefits received and the amount of a person’s pension.  

What You Need to Know & Do About Your Benefits

The Social Security Fairness Act affects both your own benefits (retirement and disability) and spousal or survivor benefits.

What you need to do depends on your situation and what type of benefits you qualify for.

Here’s a breakdown of the key actions you may need to take:  

1. If You Never Applied for Benefits Because of GPO or WEP:

• Action: You may need to file a new application, as the date you apply can impact when you benefits begin and how much you’ll receive. 

• Important Note: Standard Social Security rules (e.g. benefit reductions for early claims) still apply. 

• How to Apply: 

• For retirement or spousal benefits, apply online at ssa.gov/apply. 

• For survivor benefits, apply by phone by calling 1-800-772-1213 (Mon-Fri, 9 a.m.–6 p.m. ET) and say "Fairness Act" to be connected to a trained representative. 

2. If You’re Unsure Whether You Applied for Benefits: 

• Action: You may need to file a new application. The date of your application might affect when your benefits begin. 

3. If You’re Already Receiving Reduced Benefits Due to WEP or GPO: 

• Action: Make sure your mailing address and direct deposit details with the SSA are up to date to avoid delays in benefit adjustments. 

• How to Update: The easiest way is through your my Social Security account at ssa.gov/myaccount. No need to call or visit SSA in person. 

Taking these steps can help the SSA adjust your benefits as fast as possible.  

Important Financial Implications of the Social Security Fairness Act

An increase in benefits could also push some into higher tax brackets, meaning they could owe more in federal income tax on their Social Security benefits.

Higher Social Security benefits could also affect Medicare premiums. The Income-Related Monthly Adjustment Amount (IRMAA) for Medicare Parts B and Part D is based on modified adjusted gross income (MAGI). With higher Social Security benefits, some individuals might see an increase in their MAGI, which could lead to higher IRMAA surcharges. 

Be the Expert Your Clients Need

The Social Security Fairness Act introduces major changes that can increase benefits and even push some into a higher tax bracket.  

Understanding who is affected and how is essential to helping clients make smart financial decisions, avoid tax-season surprises, and maximize retirement income. 

Our updated course catalog reflects these recent changes so you can stay ahead of these new regulations.